LI Network
Published on: 23 September 2023 at 11:10 IST
The Bombay High Court has approved the transfer of a divorce proceeding based on the applicant-wife’s challenging circumstances, which include her diagnosis with Type 1 Diabetes, necessitating daily insulin injections.
This request was made to relocate divorce proceedings initiated by the respondent-husband from the Family Court in Nashik to the Civil Judge Senior Division in Jaysingpur, District Kolhapur.
Justice Abhay Ahuja, presiding over the case, emphasized that while diabetes might not be a severe medical condition, the need for insulin and a companion during travel is crucial. In diabetic situations, a person can experience hypoglycemia at any time, and without a companion for assistance, it could lead to a potentially fatal situation.
The Court took into account the applicant-wife’s residence in Jaysingpur, which is 468 kilometers away from Nashik, along with the logistical challenges she faces due to her diabetic condition and caregiving responsibilities. Her financial dependence on her parents was also considered. In accordance with various Supreme Court judgments, the Court highlighted the principle that prioritizes the convenience of the wife over that of the husband in Section 24 proceedings of the CPC.
The marriage between the applicant-wife and respondent-husband occurred in 2012. The applicant-wife was diagnosed with Type 1 Diabetes in 2015, which required daily insulin injections. Ongoing conflicts between the couple led the applicant-wife to leave the matrimonial home in 2018 and return to her parental home.
In 2022, the respondent-husband initiated divorce proceedings in Nashik, prompting the applicant-wife to file this transfer application.
The Court reiterated the principle established in the case of N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha, where the Supreme Court emphasized the importance of giving preference to the convenience of the wife in matrimonial proceedings under Section 24 of the Code of Civil Procedure (CPC).
The Court dismissed the argument that the husband’s willingness to cover travel and accommodation expenses should suffice, emphasizing that the wife’s unique circumstances justified the transfer. The Court approved the relocation of the divorce proceedings to Jaysingpur.
Furthermore, the Court granted the husband the option to appear via video conferencing when his physical presence was not required, taking into consideration his professional commitments.
Case Title: Priyanka Rahul Patil v. Rahul Ravindra Patil, [2023:BHC-AS:27580]